Dunkle v. Middleburg Municipal Authority

OPINION BY

JUDGE LEAVITT.

John Dunkle and Mary Dunkle (Dun-kles), individually and as co-administrators of the Estate of William K. Dunkle, appeal from the order of the Court of Common Pleas of the 17th Judicial District (trial court) granting the Middleburg Municipal Authority’s (Authority) motion for summary judgment. The trial court held that the Dunkles could not make out a common law tort claim against the Authority, which is the first determination to be made where the defense of governmental immunity is asserted. We affirm.

William K. Dunkle (decedent), the Dun-kles’ son, was asphyxiated…